Amendments to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010
This section has no associated Explanatory Memorandum
4.—(1) The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010() is amended as follows.
(2) In article 3 (prescribed offices, ranks and position with relevant public authorities), at the end of paragraph (2)(aa) omit “and” and insert—
“(ab)column (2) of Part 1B of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of section 29B of the Act), and”.
(3) For article 4(2) (additional offices, ranks and positions prescribed for urgent cases), substitute—
“(2) An individual holding an office, rank or position which is listed in an entry in column (3) of the Schedule may only grant an authorisation—
(a)for the purposes of section 28 or 29 of the Act in the case of an entry in Part 1 of the Schedule;
(b)for the purposes of section 29 or 29B in the case of an entry in Part 1A of the Schedule;
(c)for the purposes of section 29B only in the case of an entry in Part 1B; or
(d)for the purposes of section 28 only in the case of an entry in Part 2,
where is it not reasonably practicable, having regard to the urgency of the case, for the application for an authorisation to be considered by an individual with the same relevant public authority holding an office, rank or position which is listed in column (2) of the Schedule.”.
(4) In article 5 (restrictions on the granting of authorisations)—
(a)in paragraph (1), after “column (2) or (3)” insert “of Parts 1, 1A and 2”;
(b)after paragraph (1), insert—
“(1A) An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Part 1A of the Schedule may not grant an authorisation under section 29B unless that individual believes it is necessary for any of the grounds set out in the corresponding entry in column (5) of that Part.
(1B) An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Part 1B of the Schedule may not grant an authorisation under section 29B unless that individual believes it is necessary for any of the grounds set out in section 29B(5) of the Act which are listed in the corresponding entry in column (4) of that Part.”;
(c)in paragraph (2)—
(i)in sub-paragraph (aa)—
(aa)after “29(3)” insert “or 29B(5)”;
(bb)omit “or” at the end of the sub-paragraph;
(ii)after sub-paragraph (aa), insert—
“(ab)section 29B(5) of the Act in the case of an entry in Part 1B, or”.
(5) In article 8 (restrictions on granting of authorisations apply to more senior offices etc.), for “28 and 29” substitute “28, 29 and 29B”.
(6) In Part 1 of the Schedule (offices etc. and restrictions in respect of public authorities specified in Part 1 of Schedule 1 to the Act)—
(a)in the entry for the Police Service of Northern Ireland, column (3), for “Inspector” substitute “Superintendent”;
(b)in the entry for the Ministry of Justice—
(i)for both entries in column (2), substitute “A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service”;
(ii)for both entries in column (3), substitute “A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service”;
(c)in the entry for the Environment Agency, omit “Area Director or”;
(d)in the entry for the Food Standards Agency—
(i)for each entry in column (2) substitute “Grade 6 Deputy Head of the National Food Crime Unit or Head of Litigation in the Legal Department”;
(ii)for each entry in column (3), substitute—
“Section 28 authorisation |
Grade 7 Head of Intelligence or Head of Investigations in the National Food Crime Unit |
Section 29 authorisation |
Grade 7 Head of Intelligence or Head of Investigations in the National Food Crime Unit”. |
(7) For the table in Part 1A of the Schedule, substitute the following table—
“(1)
Relevant public authorities
| (2)
Prescribed offices etc
| (3)
Urgent Cases
| (4)
Grounds set out in section 29(3) of the Act
| (5)
Grounds set out in section 29B(5) of the Act
|
---|
A police force maintained under section 2 of the Police Act 1996() | Relevant Source Authorisation
Assistant Chief Constable
Long Term Authorisation
Chief Constable
| Superintendent | Paragraphs (a), (b), (c), (d) and (e) | Paragraphs (a), (b) and (c) |
The City of London Police Force | Relevant Source Authorisation
Commander
Long Term Authorisation
Commissioner
| Superintendent | Paragraphs (a), (b), (c), (d) and (e) | Paragraphs (a), (b) and (c) |
The Metropolitan Police Force | Relevant Source Authorisation
Commander
Long Term Authorisation
Assistant Commissioner
| Superintendent | Paragraphs (a), (b), (c), (d) and (e) | Paragraphs (a), (b) and (c) |
The Police Service of Northern Ireland | Relevant Source Authorisation
Assistant Chief Constable
Long Term Authorisation
Chief Constable
| Superintendent | Paragraphs (a), (b), (c), (d) and (e) | Paragraphs (a), (b) and (c) |
The Police Service of Scotland | Relevant Source Authorisation
Assistant Chief Constable
Long Term Authorisation
Chief Constable
| Superintendent | Paragraphs (a), (b), (c), (d) and (e) | Paragraphs (a) and (c) |
The Ministry of Defence Police | Relevant Source Authorisation
Assistant Chief Constable
Long Term Authorisation
Chief Constable
| Superintendent | Paragraphs (a), (b) and (c) | Paragraphs (a), (b) and (c) |
The Royal Navy Police | Relevant Source Authorisation
Commander
Long Term Authorisation
Provost Marshal (Navy)
| Lieutenant Commander | Paragraphs (a), (b) and (c) | Paragraphs (a), (b) and (c) |
The Royal Military Police | Relevant Source Authorisation
Colonel
Long Term Authorisation
Provost Marshal (Army)
| Major | Paragraphs (a), (b) and (c) | Paragraphs (a), (b) and (c) |
The Royal Air Force Police | Relevant Source Authorisation
Wing Commander
Long Term Authorisation
Provost Marshal (Royal Air Force)
| Squadron Leader | Paragraphs (a), (b) and (c) | Paragraphs (a), (b) and (c) |
The British Transport Police | Relevant Source Authorisation
Assistant Chief Constable
Long Term Authorisation
Chief Constable
| Superintendent | Paragraphs (a), (b), (c), (d) and (e) | Paragraphs (a), (b) and (c) |
The National Crime Agency | Relevant Source Authorisation
Deputy Director
Long Term Authorisation
Deputy Director General
| Grade 2 Senior Manager | Paragraph (b) | Paragraph (b) |
Her Majesty’s Revenue and Customs | Relevant Source Authorisation
Assistant Director
Long Term Authorisation
Director Criminal Investigation
| Senior Officer | Paragraphs (a), (b), (d), (e) and (f) | Paragraphs (a) and (b) |
The Home Office | Relevant Source Authorisation
Senior Civil Service pay band 1 with responsibility for criminal investigations in relation to immigration and border security
Long Term Authorisation
Director General with responsibility for criminal investigations in relation to immigration and border security
| Grade 6 with responsibility for criminal investigations in relation to immigration and border security | Paragraphs (b), (c) and (d) | Paragraphs (b) and (c)”. |
(8) After Part 1A of the Schedule, insert—
“PART 1B
Offices etc and Restrictions in Respect of Public Authorities Specified in Part A1 of Schedule 1 to the Act
(1)
Relevant public authorities
| (2)
Prescribed Offices etc
| (3)
Urgent cases
| (4)
Grounds set out in section 29B(5)
|
---|
A police force maintained under section 2 of the Police Act 1996 | Superintendent | Inspector | Paragraphs (a), (b) and (c) |
The Metropolitan police force | Superintendent | Inspector | Paragraphs (a), (b) and (c) |
The City of London police force | Superintendent | Inspector | Paragraphs (a), (b) and (c) |
The Police Service of Scotland() | Superintendent | Inspector | Paragraphs (a) and (c) |
The Police Service of Northern Ireland | Superintendent | Superintendent | Paragraphs (a), (b) and (c) |
The Ministry of Defence Police | Superintendent | Inspector | Paragraphs (a), (b) and (c) |
The Royal Navy Police | Commander | Lieutenant Commander | Paragraphs (a), (b) and (c) |
The Royal Military Police | Lieutenant Colonel | Major | Paragraphs (a), (b) and (c) |
The Royal Air Force Police | Wing Commander | Squadron Leader | Paragraphs (a), (b) and (c) |
The British Transport Police | Superintendent | Inspector | Paragraphs (a), (b) and (c) |
The National Crime Agency | Senior Manager (Grade 2) | Principal Officer (Grade 3) | Paragraph (b) |
The Security Service | General Duties 3 or any other Officer at Level 3 | – | Paragraphs (a), (b) and (c) |
The Secret Intelligence Service | Grade 6 or equivalent | – | Paragraphs (a), (b) and (c) |
The Government Communications Headquarters | GC8 | – | Paragraphs (a), (b) and (c) |
The Royal Navy | Commander | Lieutenant Commander | Paragraphs (a), (b) and (c) |
The Army | Lieutenant Colonel | Major | Paragraphs (a), (b) and (c) |
The Royal Air Force | Wing Commander | Squadron Leader | Paragraphs (a), (b) and (c) |
Her Majesty’s Revenue and Customs | Senior Officer | Higher Officer | Paragraphs (a) and (b) |
The Department of Health and Social Care | Grade 6 in the Medicines and Healthcare Products Regulatory Authority | Grade 7 in the Medicines and Healthcare Products Regulatory Authority | Paragraph (b) |
The Home Office | Immigration Inspector or Senior Officer with responsibility for immigration and border security investigations and functions | Chief Immigration Officer or Higher Officer with responsibility for immigration and border security investigations and functions | Paragraphs (b) and (c) |
The Ministry of Justice | A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service | A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service | Paragraph (b)
|
The Competition and Markets Authority | Any member of the Senior Civil Service with responsibility for cartels or criminal enforcement | Grade 6 in the Cartels and Criminal Enforcement Group | Paragraphs (b) and (c) |
The Environment Agency | Deputy Director National Enforcement Service or equivalent Deputy Director | – | Paragraph (b) |
The Financial Conduct Authority | A Head of Department in the Enforcement and Financial Crime Division | A Manager in the Enforcement and Financial Crime Division | Paragraph (b) |
The Food Standards Agency | Grade 6 Deputy Head of the National Food Crime Unit or Head of Litigation in the Legal Department | Grade 7 Head of Intelligence or Head of Investigations in the National Food Crime Unit | Paragraph (b) |
The Gambling Commission | Senior Manager | – | Paragraph (b) |
The Serious Fraud Office | Grade 6 | – | Paragraph (b)” |